I Mina'trentai Kuåttro Na Liheslaturan Guåhan

I MINA'TRENTAI KUÅTTRO NA LIHESLATURAN GUÅHAN

2017 (FIRST) Regular Session

Bill No. 34-34 (COR)

Introduced by:ThomasC.Ada

AN ACT TO AMEND § 5127 OF CHAPTER 5, TITLE 5 GUAM CODE ANNOTATED, RELATIVE TO LEGISLATIVE APPROVAL REQUIRED FOR EXCEPTIONAL TERM CONTRACTS.

BE IT ENACTED BY THE PEOPLE OF GUAM:

Section 1.§ 5127of Chapter 5, Title 5, Guam Code Annotated, is hereby amended to read as follows:

“(a)Public Real Property and Related Facilities. From the effective date of this law, and notwithstanding any other provision of law, no commercial contract, lease, permit or license for use of public real property, and related facilities, shall be solicited, negotiated, entered into, or made for a term in excess of five years. This shall include any extensions, options and renewals. Any contract, lease, permit or license made, renewed or extended in violation of this law shall become void upon the 5th anniversary of the making of such contract, lease, permit or license. This limitation shall not apply to residential and agricultural leases to beneficiaries under the Chamorro Land Trust.

(b)Exceptional Term Contracts. The Chief Procurement Officer, the Director of Public Works, or the head of a purchasing agency, as authority may exist therefore, may solicit a contract for a term longer than otherwise allowed by this Section (an “Exceptional Term Contract”). Prior to soliciting any Exceptional Term Contract, I Maga’lahi (the Governor) or, in the case of an autonomous agency, the Board of Directors, shall make a written Determination of Need justifying by a quantifiable sum an Exceptional Term Contract, and specifying the full term, inclusive of extensions, options and renewals, for such contract, and provide a copy of such Determination of Need to the Speaker of I Liheslaturan Guåhan. No Exceptional Term Contract shall be solicited unless a Determination of Need is obtained from I Maga’lahi (the Governor) or, in the case of an autonomous agency, the Board of Directors.

(c)Prior to transmitting a Determination of Need to the Speaker of I Liheslaturan Guåhan, a notice of solicitation shall be published as provided in § 5211(c) of Subarticle B of Article 3 of this Chapter, such notice to conspicuously note the solicitation is for an Exceptional Term Contract, and specifying the term thereof, as well as the date of the proper Determination of Need. Any Exceptional Term Contract made in violation of this Subsection shall be void.

(d)Legislative Approval Required for Exceptional Term Contracts. Subsequent to satisfying the requirements of § 5127, the commercial contract, lease, permit or license for use of public real property and related facilities shall be transmitted to the Speaker of I Liheslaturan Guåhan for approval or disapproval, in whole. If I Liheslaturan Guåhan takes no action to approve or disapprove within 6045calendar days from the date of filing with the Speaker, the commercial contract, lease, permit or license shall be deemed approved by I Liheslaturan Guåhan. A public hearing shallmaybe conducted by I Liheslatura (the Legislature)the Chairperson of the Legislative Committee having oversight jurisdiction duringthe 6045-day review period and shall report its findings and recommendations to I Liheslaturan Guåhan at the next Legislative session. Recommendation for Legislative approval shall be by enactment into law. Recommendation for Legislative disapproval shall be by Resolution.

Section 3.Severability. Ifany provision of this Actor its application to any person orcircumstance is found to be invalid orcontrary to law, such invalidity shall not affect other provisions or applications of this Act that can be given effect without the invalid provisions or application, and to this end the provisions of this Act are severable.